Case: Won v. Amazon.com, Inc.

Won v. Amazon.com

COMPLAINT against Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. filing fee $ 402, receipt number ANYEDC-14493450 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Caonaissa Won. (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet) (Lusher, LaDonna) (Attachment 2 replaced on 5/24/2021) (Lee, Tiffeny). (Entered: 05/20/2021)

1 Proposed Summons

View on PACER

2 Civil Cover Sheet

View on PACER

Summons Issued as to All Defendants. (Bowens, Priscilla) (Entered: 05/20/2021)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 05/20/2021)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 05/20/2021)

Case Assigned to Judge Rachel P. Kovner and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla)

Case Assigned/Reassigned

Notice of Related Case Assignment/Designation

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert M. Levy for all further proceedings. Chief Magistrate Cheryl L. Pollak no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 5/21/2021. (Davis, Kimberly)

Order Reassigning Case

ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis and Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Rachel P. Kovner, Magistrate Judge Robert M. Levy no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 5/24/2021. (Bowens, Priscilla)

Order Reassigning Case

NOTICE of Appearance by Alanna Rose Sakovits on behalf of Caonaissa Won (aty to be noticed) (Sakovits, Alanna) (Entered: 06/02/2021)

SUMMONS Returned Executed by Caonaissa Won. Amazon.com Sales, Inc. served on 6/2/2021, answer due 6/23/2021. (Lusher, LaDonna) (Entered: 06/08/2021)

SUMMONS Returned Executed by Caonaissa Won. Amazon.com Services LLC served on 6/2/2021, answer due 6/23/2021. (Lusher, LaDonna) (Entered: 06/08/2021)

NOTICE of Appearance by Lauren Jill Elliot on behalf of Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. (aty to be noticed) (Elliot, Lauren) (Entered: 06/18/2021)

NOTICE of Appearance by Gabriell Frances Levin on behalf of Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. (aty to be noticed) (Levin, Gabriell) (Entered: 06/18/2021)

Letter MOTION for Extension of Time to File Answer re 1 Complaint, by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Levin, Gabriell) (Entered: 06/18/2021)

ORDER granting 10 Motion for All Defendants Extension of Time to Answer or move, or otherwise respond to the the Complaint by 7/23/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/21/2021. (Vertus, Miriam)

Order on Motion for Extension of Time to Answer

Corporate Disclosure Statement by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. identifying Corporate Parent Amazon.com, Inc., Corporate Parent Amazon.com Services for Amazon.com Sales, Inc.. (Levin, Gabriell) (Entered: 06/22/2021)

NOTICE of Appearance by Brian Alan Richman on behalf of Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. (aty to be noticed) (Richman, Brian) (Entered: 07/09/2021)

MOTION to Appear Pro Hac Vice of JASON C. SCHWARTZ Filing fee $ 150, receipt number ANYEDC-14644128. by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Attachments: # 1 Declaration Jason C. Schwartz, # 2 Exhibit A - Certificates of Good Standing, # 3 Proposed Order) (Schwartz, Jason) (Entered: 07/09/2021)

ORDER granting 13 Motion for Jason C. Schwartz Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/9/2021. (Vertus, Miriam)

Order on Motion for Leave to Appear Pro Hac Vice

SUMMONS Returned Executed by Caonaissa Won. Amazon.com, Inc. served on 6/23/2021, answer due 7/23/2021. (Lusher, LaDonna) (Entered: 07/21/2021)

Letter MOTION for pre motion conference re 1 Complaint, and anticipated Motion to Dismiss, Letter MOTION for Extension of Time to File Answer re 1 Complaint, by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Levin, Gabriell) (Entered: 07/23/2021)

ORDER: Defendants' 15 application for a pre-motion conference is GRANTED. Defendants' obligation to respond to the Complaint is stayed until 14 days after the date of the conference or, if motion practice continues, 14 days following decision on the motion. The parties are DIRECTED to confer and to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 7/28/2021. (Freund, Zachary)

Order on Motion for Pre Motion Conference AND Order on Motion for Extension of Time to Answer

Letter Response re Pre-Motion Letter by Caonaissa Won (Attachments: # 1 Exhibit 1 - Unlawful Termination Action_First Amended Complaint) (Lusher, LaDonna) (Entered: 08/13/2021)

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-motion conference held via video on August 17, 2021. Counsel for Plaintiff and for Defendants present via video. Defendants' request for leave to move to dismiss is GRANTED. Defendants will serve the opening motion by October 1; Plaintiff will serve the opposition by November 1; and Defendants will serve the reply, if any, and file the fully briefed motions by November 22. (Court Reporter Denise Parisi.) (Baron, Laura)

Pre Motion Conference

NOTICE of Appearance by Michael Joseph Scimone on behalf of Caonaissa Won (aty to be noticed) (Scimone, Michael) (Entered: 10/18/2021)

AMENDED COMPLAINT against Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc., filed by Caonaissa Won. (Lusher, LaDonna) (Entered: 10/22/2021)

NOTICE of Appearance by Jason Schwartz on behalf of Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. (notification declined or already on case) (Schwartz, Jason) (Entered: 11/05/2021)

Letter MOTION for Extension of Time to File - Letter Motion for Extension of Time and for Briefing Adjustment and Page Extension, or, in the alternative, for Pre-Motion Conference by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Attachments: # 1 Exhibit 1 - Redline of Complaints) (Schwartz, Jason) (Entered: 11/05/2021)

ORDER re 20 Motion for Extension of Time to File. Application granted. Reply of up to 20 pages approved. The motion will be considered as addressing the amended complaint. Extension of time to reply is also approved. So Ordered by Judge Nicholas G. Garaufis on 11/18/2021. (Lee, Tiffeny) (Entered: 11/18/2021)

MOTION to Dismiss Complaint by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Attachments: # 1 Memorandum of Law in Support Defendants' Motion to Dismiss, # 2 Declaration of Brian Richman in Support Defendants' Motion to Dismiss, # 3 Exhibit 1- Recognizing Amazon Reservists Article, # 4 Exhibit 2- Won I FAC, # 5 Memorandum in Opposition, # 6 Defendants' Reply in Support of Motion to Dismiss, # 7 Declaration of Brian Richman in Support Defendants' Motion to Dismiss, # 8 Exhibit 1- Owners Manual, # 9 Exhibit 2- Jury Duty Policy) (Schwartz, Jason) (Entered: 12/06/2021)

ORDER: The parties are DIRECTED to confer and to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov by Tuesday, December 14 at 5pm to schedule the requested oral argument on Defendants' 22 motion to dismiss. The parties should advise Mr. Reccoppa of their availability for 12/20, 12/21, 12/22, 1/3, 1/4, and 1/5. Ordered by Judge Nicholas G. Garaufis on 12/13/2021. (Baron, Laura)

Order(Other)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/3/2022, before Judge Nicholas G. Garaufis. Court Reporter/Transcriber Andronikh Barna, Telephone number 718-613-2178. Email address: ambarna.crr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/2/2022. Redacted Transcript Deadline set for 3/12/2022. Release of Transcript Restriction set for 5/10/2022. (Barna, Andronikh) (Entered: 02/09/2022)

NOTICE by Caonaissa Won re 22 MOTION to Dismiss Complaint Notice of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Scimone, Michael) (Entered: 04/04/2022)

NOTICE by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. re 24 Notice(Other) --Defendants' Response to Notice of Supplemental Authority (Schwartz, Jason) (Entered: 04/12/2022)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 17, 2021, before Judge Garaufis. Court Reporter/Transcriber Denise Parisi, Telephone number 7186132605. Email address: deniseparisi72@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/13/2022. Redacted Transcript Deadline set for 6/23/2022. Release of Transcript Restriction set for 8/21/2022. (Parisi, Denise) (Entered: 05/23/2022)

MEMORANDUM & ORDER, Amazon's motion to dismiss Won's amended complaint is DENIED. Amazon.com Inc. and Amazon.com Sales Inc. are DISMISSED from the case without prejudice. Won's claims for injunctive and declaratory relief are both DISMISSED without prejudice. So Ordered by Judge Nicholas G. Garaufis on 8/19/2022. (Lee, Tiffeny)

ANSWER to 18 Amended Complaint by Amazon.com Services LLC. (Schwartz, Jason) (Entered: 09/02/2022)

SCHEDULING ORDER: Telephone Conference set for 9/27/2022 at 11:30 AM dialing the AT&T toll free number 1-888-684-8852 and Access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/16/2022. (Vertus, Miriam)

Scheduling Order

ORDER: The parties are directed to file a joint status report on 9/27/2022, indicating how the parties intend to proceed with this case. The 9/27/2022 Telephone Conference is rescheduled for 10/13/2022 at 12:00 PM dialing the AT&T toll free number 1-888-684-8852 and Access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/21/2022. (Vertus, Miriam)

1 - Terminate Deadlines and Hearings AND Order(Other) AND ~Util - Set Deadlines/Hearings

Letter MOTION for Extension of Time to File Joint Status Report by Caonaissa Won. (Scimone, Michael) (Entered: 09/23/2022)

ORDER granting 29 Motion for Extension of Time to File Status Report on 10/7/2022. The 10/13/2022 Telephone Conference is rescheduled for 10/25/2022 at 11:00 AM dialing 1-888-684-8852 and Access Code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. The parties should be prepared to address all of the scheduling matters in Fed. R. Civ. P. 16(b)(3), and counsel should confer as required by Fed. R. Civ. P. 26(f) prior to the 10/25/22 conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/26/2022. (Vertus, Miriam)

Order on Motion for Extension of Time to File AND 1 - Terminate Deadlines and Hearings AND ~Util - Set Deadlines/Hearings

STATUS REPORT -- Joint Status Report by Amazon.com Services LLC (Schwartz, Jason) (Entered: 10/07/2022)

ORDER: Due to unforeseen circumstances the 10/25/2022 teleconference time is adjourned to 03:00 PM, dialing 1-888-684-8852 and Access Code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/19/2022. (MV)

Order(Other) AND ~Util - Set Hearings AND 1 - Terminate Hearings

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 10/25/2022. Case called. Plaintiff represented by Michael Scimone and LaDonna Lusher. Defendants represented by Brian Richman and Gabriell Levin. Discussions held on the record. Parties directed to file a separate briefing scheduled re: class certification with the dates provided by the Court during the teleconference no later than 10/28/22. (FTR Log #RER Conference Bridge.) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (MV)

Telephone Conference AND ~Util - Set Deadlines

Proposed Scheduling Order by Amazon.com Services LLC (Schwartz, Jason) (Entered: 10/28/2022)

MOTION for Certificate of Appealability by Amazon.com Services LLC. (Attachments: # 1 Memorandum in Support / Defendant's Memorandum of Law in Support of Motion for Certification of this Court's August 19, 2022 Order for Interlocutory Appeal Under 28 U.S.C. § 1292(b), # 2 Memorandum in Opposition / Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Certification of this Court's August 19, 2022 Order for Interlocutory Appeal Under 28 U.S.C. § 1292(b), # 3 Memorandum in Support / Defendant's Reply Memorandum of Law in Support of Motion for Certification of this Court's August 19, 2022 Order for Interlocutory Appeal Under 28 U.S.C. § 1292(b)) (Schwartz, Jason) (Entered: 11/01/2022)

ELECTRONIC ORDER granting 31 Proposed Scheduling Order filed by Amazon.com Services LLC. See DKT. No. 31 SCHEDULING ORDER for all deadlines. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/2/2022. (MV)

Order(Other) AND ~Util - Set Deadlines

Letter to the Hon. Judge Raymond E. Reyes requesting a pre-motion conference re: Defendant's anticipated motion to consolidate by Amazon.com Services LLC (Levin, Gabriell) (Entered: 11/18/2022)

Letter to the Hon. Judge Ramon E. Reyes [Corrected] requesting a pre-motion conference re: Defendant's anticipated motion to consolidate by Amazon.com Services LLC (Levin, Gabriell) (Entered: 11/18/2022)

Letter

Order on Motion for Hearing

Order on Motion for Certificate of Appealability

Letter

Pre Motion Conference AND ~Util - Set Deadlines

Consolidate Cases

~Util - Create Case Association

Order on Motion to Consolidate Cases AND Order on Motion for Extension of Time to Complete Discovery AND Order on Motion to Consolidate Cases AND Order on Motion for Extension of Time to Complete Discovery AND 1 - Terminate Deadlines and Hearings

Order on Motion to Continue AND 1 - Terminate Deadlines and Hearings

Extension of Time to Complete Discovery

1 - Terminate Deadlines and Hearings AND Order on Motion for Extension of Time to Complete Discovery

Extension of Time to Complete Discovery

Order on Motion for Extension of Time to Complete Discovery AND Order(Other)

Pre Motion Conference

Response in Opposition to Motion

Order on Motion for Pre Motion Conference AND ~Util - Set Hearings

Pre Motion Conference

Response in Opposition to Motion

Order on Motion for Pre Motion Conference AND Video Conference

Transcript

Notice of Appearance

Extension of Time to Complete Discovery

1 - Terminate Deadlines and Hearings AND Order on Motion for Extension of Time to Complete Discovery

Case Assigned/Reassigned

Extension of Time to Complete Discovery

Extension of Time to Complete Discovery

Order on Motion for Extension of Time to Complete Discovery AND Order on Motion for Extension of Time to Complete Discovery

1 - Terminate Deadlines and Hearings AND Scheduling Order

Order on Motion for Extension of Time to Complete Discovery

Status Conference

Notice of Appearance

Status Report

Status Report Order

Status Report

Order on Motion for Extension of Time to Complete Discovery

Status Report Order